Tag Archives: Substantial Impairment of Access

Caltrans’ Ceres Interchange Project May Result in Eminent Domain

With the passing of California’s new gas tax (SB1) earlier this year, local government agencies have come across a new source of funding to complete public infrastructure projects.  According to an article in the Ceres Courier, Caltrans Seeks Comments on Service Road Interchange, the City of Ceres hopes its Service/Mitchell/Highway 99 Interchange project can benefit … Continue Reading

When Adopting a Resolution of Necessity, Can Failing to Consider a Substitute Condemnation Constitute a Gross Abuse of Discretion?

  While most lawsuits typically start with the filing of a complaint, eminent domain cases really start one key step earlier, with the condemning agency’s adoption of a Resolution of Necessity.  The Resolution establishes (i) the agency’s right to take the property and (ii) the scope of the acquisition.  In order to adopt a Resolution, … Continue Reading

Temecula Battles Property Owner’s Access Impairment Claim

Access impairment disputes must be the hot topic.  I just wrote about the Wardany access impairment case, and now another similar dispute is brewing in the City of Temecula.  This one may be a bit more interesting. According to a North County Times article by Aaron Claverie, TEMECULA: City looks ready to fight eminent domain suit, Old … Continue Reading

When Does an Access Impairment Result in a Compensable Taking?

California eminent domain law generally provides that a government agency’s impairment of a property’s access is not compensable unless the impairment qualifies as "substantial".  Dozens of cases have addressed access impairment claims raised by property and business owners both in the traditional eminent domain context and through inverse condemnation actions, and while there are some general guidelines that … Continue Reading